HomeMy WebLinkAbout20082999.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
NOVEMBER 12, 2008
The Board of County Commissioners of Weld County, Colorado, met in regular session in full conformity
with the laws of the State of Colorado at the regular place of meeting in the Weld County Centennial
Center, Greeley, Colorado, November 12, 2008, at the hour of 9:00 a.m.
ROLL CALL: The meeting was called to order by the Chair and on roll call the following members were
present, constituting a quorum of the members thereof:
Commissioner William H. Jerke, Chair
Commissioner Robert D. Masden, Pro-Tem
Commissioner William F. Garcia
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Elizabeth Strong
Director of Finance and Administration, Donald D. Warden
MINUTES: Commissioner Masden moved to approve the minutes of the Board of County Commissioners
meeting of November 10, 2008, as printed. Commissioner Long seconded the motion, and it carried
unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Rademacher moved to approve the Consent Agenda as printed.
Commissioner Masden seconded the motion, and it carried unanimously.
PROCLAMATIONS:
WELD COUNTY ADOPTION DAY - NOVEMBER 14, 2008: Chair Jerke read the proclamation into the
record, recognizing November 14, 2008, as Weld County Adoption Day. Christy Baron, Department of
Human Services, stated National Adoption Day is typically held the Saturday prior to Thanksgiving, in all
50 states, to draw attention to the number of children needing homes. Ms. Baron stated there are
approximately 700 children in Colorado, and between 70 and 80 in Weld County, who need homes. Chair
Jerke stated he is an adoptive parent and it has been a wonderful experience. Commissioner Long stated
adoption is an important need in our community. Commissioner Masden stated it is a great thing to bring
children together with families who want them.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
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BIDS: PRESENT COMMISSARY SERVICES BID - SHERIFF'S OFFICE: Monica Mika, Director of
Administrative Services, stated Keefe Commissary Network and Aramark Correctional Services submitted
bids,which are under review. Ms. Mika stated the bid will be presented for approval on December 8, 2008.
In response to Chair Jerke, Ms. Mika stated the current vendor for these services is Keefe Commissary
Network. Responding to Commissioner Rademacher, Ms. Mika stated letters were faxed to eleven
companies inviting them to submit a bid and the information regarding the bid was posted on the internet.
Don Warden, Director of the Department of Finance and Administration, stated this is a specialized area.
NEW BUSINESS:
CONSIDER LEASE AGREEMENT AND AUTHORIZE CHAIR TO SIGN-ROBERT STANLEY COMPANY:
Mr. Warden stated the lease agreement is to obtain storage space for the Head Start Program. Bruce
Barker, County Attorney, stated this is a standard agreement and it was composed by Stephanie Arries,
Assistant County Attorney. Mr. Warden stated the space is needed to store migrant equipment for the
winter season. Commissioner Masden moved to approve said lease agreement and authorize the Chair
to sign. Seconded by Commissioner Long, the motion carried unanimously.
PLANNING:
CONSIDER REQUEST TO MODIFY CONDITIONS OF APPROVAL #1.R AND #2.R OF CHANGE OF
ZONE, PZ#1125, FROM THE A (AGRICULTURAL) ZONE DISTRICT TO THE PUD (PLANNED UNIT
DEVELOPMENT) ZONE DISTRICT - PIONEER COMMUNITIES, INC., AND H.P. FARMS, LLC: Brad
Mueller, Department of Planning Services, stated he issued a revised memorandum late last week and he
submitted a copy of the memorandum into the record, marked Exhibit A. Mr. Mueller stated the Change
of Zone Plat is ready to be recorded; however, there are two Conditions of Approval requiring the Board's
attention before that happens. He stated the first item concerns the fire districts, for which there is an
intergovernmental agreement proposed between the Southeast Weld and Hudson Fire Protection Districts.
He stated since the fire districts have not yet resolved all of their concerns, the applicants have requested
the Condition of Approval be changed from requiring all intergovernmental agreements to be resolved prior
to recording the plat, to completion prior to the first hearing. He further stated the Fire Protection Districts
are not opposed to the change. Mr. Mueller stated it is recommended that Condition of Approval#1.R be
changed to read as follows: "The applicant shall enter into an Intergovernmental Agreement(IGA)with the
Southeast Weld Fire Protection District, and the Hudson Fire Protection District, prior to the first public
hearing scheduled for any final plan containing residential lots for the Pioneer PUD, that shall provide for
the applicant to construct a separate interim residential firehouse within each Fire District's jurisdiction, and
then a permanent Fire Station within each Fire District's jurisdiction, upon the occurrence of certain
development triggers detailed in the IGA. In addition, the IGA shall provide for the applicant to purchase
the fire and emergency reasonably necessary to make each fire station fully functional and operational,
and shall purchase fire apparatus for each fire station necessary to meet the service demands of each Fire
District. The IGA also shall provide that the applicable special districts with which the developer is involved
levy a mill levy sufficient to meet the projected operational needs of the fire stations, including sufficient
to meet the projected operational needs of the fire stations, including hiring and maintaining paid
firefighters to staff the fire stations, and capital improvements, repair, and replacement. Evidence of all
of the above shall be submitted, in writing, to the Weld County Department of Planning Services." He
stated there has been a working premise that a surface use agreement for oil and gas uses on the property
would be implemented and #2.R will be revised to state the following: "The applicant shall either submit,
to the Department of Planning Services, a copy of an agreement with the properties' mineral owners and
lessees stipulating that the oil and gas activities have adequately been incorporated into the design of the
site, or indicate the default oil and gas drilling operation areas, as described in Section 24-65.5-103.5,
C.R.S., and in applicable regulations of the Colorado Oil and Gas Conservation Commission. If the default
oil and gas drilling windows are included on the PUD (Planned Unit Development) Zone Map, and, prior
to recording, such inclusion is determined by the Department of Planning Services to be a substantial
alteration of the PUD Zone Map, then the Department may require that the PUD application be re-
Minutes, November 12, 2008 2008-2999
Page 2 BC0016
reviewed." He further stated the option exists to record the Change of Zone plat without a surface use
agreement. Mr. Mueller stated staff has discovered a difference in the perceived meaning of the term
"default drill envelopes," which Weld County defines as envelopes which have been designated as such
by the Oil and Gas Commission. He stated the purpose of considering Condition of Approval #2.R is to
acknowledge there are various other regulatory standards besides the State Statutes regarding fault
windows, which may need to be included in the plat language. Commissioner Masden stated there was
a discussion of using one fire district, rather than two. Jack Reutzel, representative of Pioneer
Communities, Inc., stated the effort was made to do so; however, the fire districts were not receptive to
exchanging service areas. There were no representatives of the fire districts or the oil companies present.
Mr. Reutzel stated he has evidence, in writing, that the fire districts have consented to the procedure
update. Chris Paulson, Pioneer Communities, Inc., thanked staff for working on this project over the last
nine months and for their patience, and he thanked Commissioners Masden and Jerke for their service
as County Commissioners. Commissioner Rademacher moved to approve said request. Seconded by
Commissioner Masden, the motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. No Ordinances were approved.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Acting Clerk to the Board.
There being no further business, this meeting was adjourned at 9:30 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
�T '' m H. Jerke, Chair
Weld County Clerk to the oa . � \O rQ
Robert Or L. Ma en, Pr
ro-Tem
BY: 4---finliet-
r�Deputy Clerk he Board (111/F.I lia Garcia oL,Goa David E. Long
�\r�x-c
Douglas,t?tade er\
Minutes, November 12, 2008 2008-2999
Page 3 BC0016
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